Supreme Court Legal Format
Application for Withdrawal of SLP in the Supreme Court of India
A Special Leave Petition filed under Article 136 of the Constitution may be sought to be withdrawn by the petitioner with permission of the Supreme Court. The request is commonly made through an interlocutory application stating the reason for withdrawal and the relief sought.
Withdrawal of a Special Leave Petition: Current Procedure
Special Leave Petitions are presented under Article 136 of the Constitution of India and are governed procedurally by the Supreme Court Rules, 2013, as amended from time to time, together with applicable Registry practice and directions. The Supreme Court's published records continue to show applications registered as interlocutory applications for withdrawal of SLPs and orders allowing such applications and dismissing the SLP as withdrawn.
The exact course depends on the stage and facts of the case. A pending SLP may require an application to be processed and listed before the Court. If notice has been issued, a counter affidavit has been filed, interim relief operates, settlement terms are to be recorded, or connected matters remain pending, the application should disclose those circumstances and seek appropriate consequential orders.
What the Withdrawal Application Should State
- Correct cause title, jurisdiction, SLP number and pending I.A. details, if any.
- Identification of the judgment or order challenged in the SLP.
- A short, accurate statement of why the petitioner no longer wishes to prosecute the SLP.
- If withdrawal follows settlement, only the material settlement facts necessary for the Court's order.
- Whether any interim order, deposited amount, undertaking, connected proceeding or other consequential matter requires a specific direction.
- A clear prayer seeking permission to withdraw the SLP and any other necessary consequential relief.
Sample Application for Withdrawal of SLP (Criminal)
This model may be adapted to the facts, case type and orders already passed in the matter. For a civil SLP, change the jurisdiction and case description appropriately.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. No. _____ of 20__
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO. _____ OF 20__
IN THE MATTER OF:
______________________________
PETITIONER
VERSUS
______________________________
RESPONDENT(S)
APPLICATION ON BEHALF OF THE PETITIONER SEEKING PERMISSION TO WITHDRAW THE SPECIAL LEAVE PETITION
To,
THE HON'BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF
THE HON'BLE SUPREME COURT OF INDIA
The humble application of the Petitioner above-named
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner has filed the accompanying Special Leave Petition challenging the judgment/order dated __________ passed by the High Court of __________________ in ______________________________.
2. That during the pendency of the present Special Leave Petition, the parties have resolved their differences / the Respondent has tendered an apology to the Petitioner / the circumstances giving rise to the petition have otherwise been amicably resolved. The relevant facts are briefly stated as follows: ______________________________.
3. That in view of the aforesaid subsequent developments, the Petitioner does not wish to prosecute the present Special Leave Petition any further and voluntarily seeks permission of this Hon'ble Court to withdraw the same.
4. That this application is bona fide and is being made in the interest of justice. [Where applicable: The Petitioner further prays that the interim order dated __________ may be vacated / appropriate consequential directions may be passed.]
PRAYER
In the above facts and circumstances, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(a) permit the Petitioner to withdraw Special Leave Petition (Criminal) No. _____ of 20__ and dismiss the same as withdrawn;
(b) pass such consequential order(s), if any, as may be necessary in the facts of the case; and
(c) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
PETITIONER/APPLICANT
Through:
__________________________
ADVOCATE-ON-RECORD FOR THE PETITIONER
DRAWN ON: __________
FILED ON: __________
NEW DELHI
Practical Points Before Filing
Check the current Supreme Court Rules, amendments, filing requirements and Registry directions before filing. The cause title and application description should match the case record. If the SLP has multiple petitioners, connected matters, interim protection, pending applications or deposited money, the withdrawal prayer should address any consequence that requires a Court order.
Where withdrawal is linked to a criminal settlement, do not assume that dismissal of the SLP as withdrawn itself produces the same legal result as compounding an offence or quashing criminal proceedings. Those questions depend on the offence, the governing substantive/procedural law, the stage of proceedings and the precise relief sought.
Official Supreme Court Resources
For current procedural information, use the Supreme Court of India's official resources:
Disclaimer: This sample is for general drafting reference and must be adapted to the facts, current Supreme Court Rules, Registry requirements and orders in the particular case. It is not a substitute for professional legal advice.